State of West Virginia Terry Allen Blevins
231 W. Va. 135
W. Va.2013Background
- Two victims murdered in Mercer County on Aug. 11, 2008; Blevins identified by neighbor Reed and later arrested on drug charges, then connected to murders.
- Police secured a search of Brittany Davis’s home; Davis granted consent and a warrant was obtained; evidence included clothing remnants, keys, and ashes.
- Blevins confessed to being at the residence; trial occurred April 2010; convicted on two counts of first-degree murder and one count of first-degree arson; sentenced to two life terms without parole plus 20 years, all consecutive.
- Defense moved for a new trial arguing multiple errors; circuit court denied; on appeal, the Supreme Court of Appeals of West Virginia reviewed the denial and affirmed.
- Key issues challenged: venue, consent/search, voluntariness of statements, evidentiary rulings, sufficiency of evidence, Confrontation Clause, proportionality of sentence; court upheld most rulings and affirmed convictions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Change of venue warranted? | Blevins claims pervasive local prejudice. | Mercer County should be avoided for fair trial. | Discretionary ruling not abused; no pervasive bias requiring change. |
| Consent to search and warrant validity | Evidence obtained improperly due to coercion or invalid warrant. | Consent lacking authority or coerced; warrant unlawfully obtained. | Consent voluntary; no abuse; search admissible; warrant irregularities harmless. |
| Confrontation Clause — autopsy testimony | Kaplan testimony necessary to prove autopsy findings. | Autopsy by non-testifying pathologist, Kaplan’s testimony violates Mechling/Kennedy. | Plain constitutional error occurred; harmless beyond a reasonable doubt; conviction affirmed. |
| Sufficiency of evidence | Evidence supports premeditation and two murders. | Insufficient proof of malice/premeditation. | Evidence sufficient; rational juror could find guilt beyond a reasonable doubt. |
| Proportionality of sentence | Life without parole for two murders is appropriate; no mercy required. | Sentence shocks conscience; disproportionate. | Sentence not disproportionate; proportionality satisfied. |
Key Cases Cited
- State v. Vance, 207 W.Va. 640 (2000) (two-pronged review; factual findings clear error; law de novo)
- State v. Gangwer, 169 W.Va. 177 (1982) (widespread publicity alone not ground for change of venue)
- State v. Derr, 192 W.Va. 165 (1994) (question is jurors’ fixed opinions, not memory of case facts)
- State v. Wooldridge, 129 W.Va. 448 (1946) (good cause for change of venue; discretionary ruling governs)
- State v. Hambrick, 177 W.Va. 26 (1986) (consent to search by occupant valid; authority to search hinges on consent)